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HomeMy WebLinkAboutPC Resolution _6289- Case 5.1029 PD 315�:T���I��C�7�i�ri : • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1029-PDD 315-AMND, AN AMENDMENT TO A PREVIOUSLY APPROVED FINAL PLANNED DEVELOPMENT PLANS FOR PALERMO MIXED -USE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE DRIVE. WHEREAS, on August 24, 2005, the Planning Commission approved Case No. 5.1029- Planned Development District 315 and recommended approval of the PDD and Tentative Tract Map 33561 to the City Council; and WHEREAS, on October 5, 2005, the City Council adopted a Mitigated Negative Declaration (MND), and approved Planned Development District 315 and Tentative Tract Map 33561, for the Palermo Mixed -Use Development; and WHEREAS, on January 5, 2006, the Planning Commission approved the Final Development Plans for the Palermo Mixed -Use Development; and WHEREAS, in accordance with Section 94.03.00(G) of the Zoning Code, the Planning Commission may approve minor architectural or site changes that do not affect the intent of the PD; and WHEREAS, Arroyo Vista Partners, LLC, ("Applicant") has filed an application to amend the Final Development Plans of PD 315, Case No. 5.1029, involving modifications to the Phasing plan, Wall and Fences, Occupancy of 6 Model units; and WHEREAS, on September 26, 2012, a public meeting on Case No. 5.1029 PDD 315- AMND was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed amendment has been determined to be a project subject to environmental analysis under CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration (MND) was previously adopted by the City Council on October 5, 2005, for the Palermo Development. Pursuant Planning Commission Resolution No. 6289 Case No. 5.1029 PDD 315 — AMND September 26, 2012 Page 2 of 2 to Section 15162 of the California Environmental Act (CEQA), the preparation of additional environmental documentation is not necessary because the proposed amendment will not change the circumstances related to the project. Furthermore, the amendments will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the proposed amendments could not result in any new environmental impacts beyond those already assessed in the previously adopted mitigated negative declaration. Section 2: The use and density of the subject property remains the same and are not affected by the proposed changes. The design standard and architecture will remain the same as was originally approved and no major changes to the overall project are proposed as part of these amendments. Therefore, the proposed amendments will not affect the intent of the PDD. NOW, THEREFORE, BE 1T RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1029 PDD 315 — AMND, and approved the following minor changes subject to the attached Conditions of Approval. • Modify the phasing plan • Modify wall and fence plans • Allow occupancy of completed 6 model units 10 • Allow existing temporary access improvements with revised conditions ADOPTED this 261" day of September 2012. AYES: 5, Roberts, Klatchko, Hudson, Calerdine and Chair Donenfeld NOES: 1, Weremiuk ABSENT: None ABSTAIN: 1, Munger ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 4rg EVq*ICP of ng Services Ee RESOLUTION NO.6289 EXHIBIT A 5.1029 PDD 315 AMND The Palermo Mixed -Use Development Minor Amendments to a previously approved Planned Development District Northeast corner of Indian Canyon Drive & San Rafael Drive September 26, 2012 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1029 PDD 315-AMND; except as modified with the approved conditions below; ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 3. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 4. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1029 PDD 315 AMND. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for Revised Conditions of Approval Case 5.1029 PD315 AMND Page 2 of 9 September 26, 2012 defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 5. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. FIRE DEPARTMENT: 9.0 FIRE APPARATUS ACCESS ROADS General 9.1 This section has been developed to assist development applicants, architects, contractors, and buildinglbusiness owners in determining the minimum requirements for the design of fire apparatus access roads for consistency with the best practices of the fire code in the interest of public safety. Plans 9.2 Detailed fire apparatus access road Requirements s 9.3 Private streets shall have a minimum width of at least 20 feet, pursuant to a California Fire Code 503.2.1 however, a greater width for private streets Revised Conditions of Approval Case 5.1029 PD315 AMND Page 3 of 9 September 26, 2012 may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. The following text, developed in concert with Engineering, Planning, and Fire is proposed as alternative text for the Circulation Element, page 4-5: • Local. Primarily provides access to individual parcels of land. Minimum right-of-way is 50 feet. In Estate, Very Low and Low Density Residential neighborhoods, street widths may be reduced to 28 feet (curb face to curb face) provided that 1) additional off street parking is provided as determined by the City Engineer, the Fire Chief and Director of Planning, 2) rolled or wedge curb is provided such that vehicles may park partially out of the traveled way, and 3) pedestrian pathways or sidewalks, separated from the curb by a minimum five foot parkway, are provided. • Private Streets. Private streets provide access to individual parcels of land in planned development communities approved with privately maintained access. Access may be restricted. Private street widths shall be established based on a hierarchy of primary and secondary streets and parking conditions such that uninterrupted traffic flow, pedestrian safety, and emergency access is assured. • Private Primary Streets are typically the main access street in a private development or main 'ring road'. Private Primary Streets may provide access to individual parcels in a planned development as well as receive traffic from Secondary Private Streets or other parcels that do not front the street. Private Primary Streets shall be either a minimum of 32 feet wide (curb face to curb face) to accommodate on - street parking on one side and emergency access, or 36 feet wide (curb face to curb face) with on -street parking on two sides. • Private Secondary Streets provide access to individual parcels in a planned development and do not receive traffic from other streets or other parcels that do not front that street. Private Secondary Streets may range in width from 28 to 32 feet (curb face to curb face) provided that 1) additional off-street (guest) parking is provided in the area of the Secondary Street as determined by the Planning Commission, 2) rolled or wedge curb is provided such that vehicles may park partially out of the traveled way, and 3) pedestrian pathways or sidewalks, separated from the curb by a minimum five foot parkway, are provided. If all three of these conditions are NOT provided, private secondary streets shall be a standard minimum 32 feet with parking on one side only. Revised Conditions of Approval Case 5.1029 PD315 AMND Page 4 of 9 September 26, 2012 • Designated fire lanes in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. 9.4 The grade of the fire apparatus access road shall within the limits be within the limits .established by the fire code official based on the fire department's apparatus. No grade shall exceed 12%. Grade transitions shall not exceed maximum angle of approach and angle of departure based on the fire department's apparatus as determined by the Fire Chief. 9.5 A secondary access shall be provided for all developments with 30 or more dwelling units. 9.6 Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 9.7 Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. 9.8 When fences are installed that cause the distance from an approved fire department access road to exceed the maximum distance allowed in Section 503 herein, a gate shall be provided in the fence to maintain the required fire department access. The gate shall be a minimum four (4) feet in width and be equipped with a key box and/or lock accessible from both sides in accordance with Section 506 herein. 9.9 Mid Rise/High Rise: High-rise and mid -rise buildings shall be accessible on a minimum of two sides. Street access shall not be less than 15 feet or more than 30 feet from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. Construction Requirements 9.10 Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width Revised conditions of Approval Case 5.1029 PD315 AMND Page 5 of 9 September 26, 2012 of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. ENGINEERING DEPARTMENT: GENERAL ENG 1. All requirements and improvements identified in Exhibit A (Conditions of Approval) of Resolution No. 21420 adopted October 5, 2005, for Case No. 5.1065, 5.1029 PD 315, are incorporated herein by reference, except for updated and new conditions as listed below. INDIAN CANYON DRIVE ENG 2. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SAN RAFAEL DRIVE ENG 3. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 4. The on -site secondary gated entry design (located off of the shared entrance with the commercial parcel), shall be subject to the review and approval by the City Engineer and Fire Marshall. The secondary gated entry shall have a minimum width of 24 feet, and the gated entry shall be located no further than 20 feet from the shared entrance with the commercial parcel. An Opticom or Tomar system (or approved equal) for automatic operation by emergency vehicles, with uninterrupted power supply (battery back-up), shall be installed for the entry gates, meeting the approval of the Fire Marshall. ENG 5. The existing six vacant model homes (Units 33 through 38) shall not be issued Certificates of Occupancy until the existing on -site roadway from the existing condominium units in the northern half of the project, south to San Rafael Drive are completed to current temporary minimum standards, including a full 20 foot roadway width and capable of supporting 73, 000 pounds GVW. (Modified by PC on 09.26.12) GRADING ENG 6. Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and Revised Conditions of Approval Case 5.1029 PD315 AMND Page 6 of 9 September 26, 2012 approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.goV. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to issuance of any permit. ENG 7. Prior to approval of a Grading Plan or issuance of any permit, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 8. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of any permit. ENG 9. Projects causing soil disturbance of one acre or more, must comply with either the General Permit for Stormwater Discharges Associated with Construction Activity or the General Permit for Stormwater Discharges Associated with Construction Activity from Small Linear Underground/Overhead Projects, and shall prepare and implement a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction O General Permit. Where applicable, the project applicant shall cause the Revised Conditions of Approval Case 5.1029 PD315 AMND Page T of 9 September26, 2012 approved final project -specific Water Quality Management Plan to be incorporated by reference or attached to the project's SWPPP as the Post - Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 10. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of any permit, for mitigation measures for erosionlblowsand relating to this property and development. ENG 11. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the Phase 2 (i.e., southern) portion of the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the GeotechnicallSoils Report prepared for the project. No certificate of occupancy will be issued until the required certifications are provided to the City Engineer. ENG 12. The applicant shall provide pad elevation certifications for all building pads in conformance with the Phase 2 (i.e., southern) portion of the approved grading plan, to the Engineering Division prior to construction of any building foundation. DRAINAGE ENG 13. This project will be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre - treating contaminated stormwater and non-stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. GENERAL Revised Conditions of Approval Case 5.1029 PD315 AMND Page 8 of 9 September26, 2012 ENG 14. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with "as -built" information for the project in its entirety (Phase 1 and Phase 2) and returned to the Engineering Division prior to issuance of a final certificate of occupancy for Tract Map 33561. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 15. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. MAP ENG 16. A Final Map was recorded for Tract Map 33561 on May 12, 2006 as Instrument No. 2006-0349564. ENG 17. Without evidence of the quitclaim of the Southern California Edison easement across Unit No. 21 through 30, proposed structures located within the existing record easement may not be constructed until such time as the easements are removed of record. Building permits for structures within these easements shall be withheld until the easements are abandoned, since a final map was approved and recorded prior to their abandonment. TRAFFIC ENG 18. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed southern portion of the development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy for Tract Map 33561. ENG 19. If identified by a name, install a street name sign at the intersection of Indian Canyon Drive and the Main Entry, and at San Rafael Drive and the secondary Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. Street name signs may be customized, subject to the review and approval by the City Engineer. ENG 20. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each access point onto Indian Canyon Drive and San Rafael Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices Revised Conditions of Approval Case 5.1029 PD315 AMND Page 9 of 9 September 26. 2012 0 for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 21. Install stop controls at on -site street intersections, as may be required by the City Engineer. Stop signs within the development may be customized, provided the sign maintains the minimum standards for stop signs in the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, subject to review and approval by the City Engineer. ENG 22. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction. END OF CONDITIONS N m